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Tuesday, July 22, 2008

County Pays $80,000 in Sex Lawsuit

By Dan Mckay
Journal Staff Writer
       Bernalillo County has paid $80,000 to settle a lawsuit that painted a raunchy picture of life in the Clerk's Office.
    Richard C. Espinoza, the plaintiff in the case, will also be paid for unused sick and vacation time. His attorney didn't know how much that would be.
    Espinoza filed a federal lawsuit against the county and one of its top election officials, Jeff A. Carbajal, last year alleging sexual harassment. County attorneys contested the allegations and sought to have the suit dismissed.
    The case led to a series of embarrassing revelations about the Clerk's Office. In depositions and court filings, county employees said workers had sent graphic e-mails on government computers — including photos of penises in costume — and exchanged off-color gifts, such as lubricant.
    Espinoza's attorney argued that the case had shown that the county demonstrated "shocking indifference" to widespread sexual harassment.
    Espinoza accused Carbajal, in particular, of propositioning him. Carbajal denied the accusations.
    The county said the behavior, if it happened at all, was simply teasing or joking that didn't amount to sexual harassment. It also maintained that Espinoza had welcomed or contributed to the behavior.
    The case was scheduled for trial in September, but Espinoza approved a settlement last month. It was released to the Journal on Monday after a public-records request.
    Espinoza, an election technician, agreed to dismiss all claims and to resign from the county as part of the deal. He cannot seek county employment for at least five years. He had been on paid leave since late 2006 and resigned last month.
    "We were pleased that this matter was able to be resolved," said attorney Paul Melendres, who represented Espinoza.
    The county continues to deny liability.
    The events outlined in the case happened from 2004 to 2006, under the previous county clerk, Mary Herrera. She has said she wasn't aware of any sexual harassment in the office, and that she reported the issue to authorities immediately after Espinoza complained to her.Carbajal was transferred to another county job.